By the Employer for Cause. The Employee's employment with the Employer may be terminated at the option of and by written notice from the Employer if the Board of Directors in good faith finds Cause. Upon any such termination, all rights, obligations and duties of the parties hereunder shall immediately cease (including, but not limited to, the payment by the Employer of all Compensation), except for the Employee's obligations under Section 7 and Section 8 hereof.
By the Employer for Cause. (i) At any time during the Term, the Employer may terminate your employment for “Cause,” which shall mean a reasonable and good-faith determination by the Employer that you (i) engaged in gross negligence in the performance of your duties or willfully and continuously failed or refused to perform any duties reasonably requested in the course of your employment; (ii) engaged in fraud, dishonesty, or any other serious misconduct that causes or has the potential to cause, harm to any entity in the Activision Blizzard Group, including its business or reputation; (iii) materially violated any lawful directives or policies of the Activision Blizzard Group or any laws, rules or regulations applicable to your employment with the Activision Blizzard Group; (iv) materially breached this Agreement; (v) materially breached any proprietary information or confidentiality agreement with any entity in the Activision Blizzard Group; (vi) were convicted of, or pled guilty or no contest to, a felony or crime involving dishonesty or moral turpitude; or (vii) materially breached your fiduciary duties to the Activision Blizzard Group.
(ii) In the case of any termination for Cause that is curable without any residual damage (financial or otherwise) to the Employer or any entity in the Activision Blizzard Group, the Employer shall give you at least thirty (30) days written notice of its intent to terminate your employment; provided, that in no event shall any termination pursuant to clause (vi) of the definition of Cause be deemed curable. The notice shall specify (x) the effective date of your termination and (y) the particular acts or circumstances that constitute Cause for such termination. You shall be given the opportunity within fifteen (15) days after receiving the notice to explain why Cause does not exist or to cure any basis for Cause (other than a termination pursuant to clause (vi) of the definition thereof). Within fifteen (15) days after any such explanation or cure, the Employer will make its final determination regarding whether Cause exists and deliver such determination to you in writing. If the final decision is that Cause exists and no cure has occurred, your employment with the Employer shall be terminated for Cause as of the date of termination specified in the original notice. If the final decision is that Cause does not exist or a cure has occurred, your employment with the Employer shall not be terminated for Cause at that time.
(iii) If your employment t...
By the Employer for Cause. The Employer may terminate the Executive’s employment hereunder immediately for Cause at any time upon written notice to the Executive setting forth in reasonable detail the nature of such Cause. Upon the giving of notice of termination of the Executive’s employment hereunder for Cause, the Employer shall have no further obligation to the Executive, other than for Final Compensation and any requirement of applicable law.
By the Employer for Cause. The Employer may terminate the Executive's employment hereunder for Cause. For purposes of this Agreement, the Employer shall have “Cause” to terminate the Executive's employment hereunder upon the following:
(i) the continued and material failure by the Executive to substantially perform his duties hereunder, including, but not limited to, failure to perform the duties described in the job description attached as Exhibit A (other than any such failure resulting from the Executive’s incapacity due to physical or mental illness);
(ii) the gross misconduct by the Executive which is materially injurious to the Employer, monetarily or otherwise;
(iii) knowing and intentional breach of any material provision of the non-competition covenants set forth in Sections 4.1, 4.2, and 4.3 of this Agreement; or
(iv) indictment of a felony involving moral turptitude or relating to the Company’s assets, activities or operations; or
(v) commission of an act of fraud, embezzlement or any other illegal or criminal conduct in the course of Executive’s employment with the Company, or related to the Company’s assets, activities, or operations; provided, however, that if such violation is susceptible to cure, clauses (i) and (ii) shall not constitute Cause unless (x) the Company first provides 10 days’ prior written notice to Executive of such violations, specifying in reasonable detail the basis therefore and stating that it constitute grounds for termination for Cause under this Agreement, and (y) Executive then fails to cure the actions or omissions that constitute the violation within 10 business days following receipt of such notice; provided further, that (i) above shall not be interpreted to apply where the Company fails in the ordinary course of its business or operations to achieve its anticipated operating plan or business performance goals, or where Executive fails to achieve any performance goals, milestones, or bonus goals established pursuant to this Agreement or in the course of Executive’s employment during the term of this Agreement.
By the Employer for Cause. The Employer may elect to terminate this Agreement and to terminate the Executive’s employment at any time for Cause. Such termination shall be effective immediately upon
By the Employer for Cause. The parties agree that for the purposes of this Agreement, “cause” shall mean the following, as reasonably determined by the Employer in good faith, and that the Employee shall be terminated immediately upon written notice for such cause:
10.1.4.1 any material breach of the provisions of this Agreement or of an established written policy of the Employer after Employer provided written notice to Employee and 10 day opportunity to cure during which time Employee failed to cure;
10.1.4.2 any intentional or grossly negligent disclosure of any confidential information as described in section 7 hereof, by the Employee;
10.1.4.3 in carrying out his duties hereunder, the Employee; (i) has been grossly negligent, or (ii) has committed willful gross misconduct;
10.1.4.4 personal conduct on the Employee’s part which is of such a serious and substantial nature that, as reasonably determined in good faith in the sole discretion of the Employer, it would materially injure the reputation of the Employer if the Employee is retained as an Employee; or
10.1.4.5 any and all omissions, commissions or other conduct, which would constitute cause under applicable law.
By the Employer for Cause. (1) If the Employer terminates the Executive’s employment for Cause, then all of the Employer’s obligations hereunder shall immediately terminate, except that the Employer shall pay to the Executive, within ten (10) business days after the date of termination, the Accrued Rights.
(2) For purposes of this Agreement, “Cause ” shall mean: (i) any act or omission that constitutes a material breach by the Executive of any of his obligations under this Agreement or any material written policy of the Employer or any of its affiliates, assuming such obligations are lawful, which is not remedied within thirty (30) calendar days following written notice to the Executive from the CEO or the Board of the event and action required to remedy the same; (ii) the failure or refusal by the Executive to follow any lawful reasonable direction of the CEO or the Board that is material and is consistent with the Executive’s obligations under this Agreement which is not remedied within thirty (30) calendar days following written notice to the Executive from the CEO or the Board of the event and action required to remedy the same; (iii) the Executive’s willful neglect or refusal to discharge his duties pursuant to this Agreement, assuming such duties are lawful, which continues for a period of thirty (30) days following written notice thereof to the Executive from the CEO or the Board; or (iv) the conviction of the Executive (including a nolo contendere or guilty plea) of a felony or a crime involving fraud, moral turpitude, misappropriation, or dishonesty. No act or failure on Executive’s part shall be considered “willful” unless it is done, or omitted to be done by Executive, in bad faith or without reasonable belief that Executive’s action or omission was in the best interests of the Employer. Any act, or failure to act, based upon authority given pursuant to a specific resolution duly adopted by the Board or based upon the advice of counsel for the Employer shall be conclusively presumed to be done, or omitted to be done, by Executive in good faith and in the best interests of the Employer.
By the Employer for Cause. The Employee's employment may be terminated effective immediately by the Employer for "cause" by notice of termination to the Employee. "Cause" for such termination shall include, but not be limited to, the following:
By the Employer for Cause. The Employee’s employment may be terminated effective immediately by the Employer for “cause” by notice of termination to the Employee. “Cause” for such termination shall include, but not be limited to, the following:
i) Commission by the Employee of any fraud, misappropriation, embezzlement or other dishonest act that may reasonably be expected to have injurious effect on the Employer;
ii) The failure and/or refusal of the Employee to perform any duties reasonably required of him, which is intended to injure and/or injures the reputation, business or business relationships of the Employer after written notification by the Employer of such failure or refusal and the failure of the Employee within thirty (30) business days of such notification to correct such failure or refusal (other than failure by reason of incapacity due to physical or mental illness);
iii) Conviction of a crime involving dishonest or fraudulent conduct; or
iv) Willful breach by the Employee of any of the covenants contained in this Agreement.
By the Employer for Cause. The Employer may terminate this Agreement for Cause upon thirty (30) days' advance written notice to the Employee. "CAUSE" shall mean (i) commission of a felony offense, (ii) the refusal to comply with the lawful directives of the CEO, within ten (10) days' after written notice thereof from the CEO or (iii) conduct on the part of the Employee which constitutes gross negligence or willful misconduct which conduct is not cured within ten (10) days after written notice thereof from the CEO. The Employer agrees that if the Employee has been terminated for Cause pursuant to clause (i) above and it is subsequently reasonably demonstrated that there was no commission of a felony offense, then upon the Employee's written request, Employer shall immediately reinstate the Employee who shall resume his duties hereunder with no change in the respective rights and obligations of the parties set forth herein and with full reinstatement of economic benefits to the Employee which existed prior to termination as if the Employee had not been terminated.
